공사대금
1. On June 30, 2016, the Plaintiff (Counterclaim Defendant) paid KRW 98,838,454 to the Defendant (Counterclaim Plaintiff) and KRW 85,552,980 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 26, 2012, the Plaintiff entered into a contract with the Defendants for the construction work (hereinafter “instant contract”) with respect to the construction work cost of KRW 847,00,000 (value 770,000 + value 77,00,000 + value 77,000,000) as to the construction work for the construction of the D building on the ground level 4 and 15 stories above ground level (hereinafter “instant building”) on the Gangnam-gu Seoul Metropolitan Government ground (hereinafter “instant construction work”). From June 26, 2012 to October 15, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”).
B. The instant building was completed on December 24, 2012. From July 16, 2012 to February 12, 2013, the Plaintiff received payment from the Defendants in aggregate of KRW 788,315,744 as the construction cost of the instant building from July 16, 2012 to February 12, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 2-1 to 3, and 3-1 to 10 of the evidence of No. 2, the purport of the whole pleadings
2. The parties' assertion
A. Although the Plaintiff’s assertion completed the instant construction work, the Plaintiff received only KRW 788,315,744 as construction price from the Defendants, and the Defendants are obligated to pay the remainder construction price of KRW 58,684,256 to the Plaintiff.
In addition, upon the request of the Defendants, the Plaintiff performed additional construction works, such as pipeline construction in the boiler room of the instant building, and general household conversion construction in the third floor residents’ common facilities. Since additional construction costs required to be KRW 162,80,000, the Defendants are obliged to pay KRW 162,80,000 to the Plaintiff as additional construction costs.
However, the Plaintiff did not perform part of the instant construction and the construction cost required for the non-construction portion is KRW 63,360,670,00. As such, the Plaintiff sought payment of additional construction cost of KRW 162,80,00 and the remainder of construction cost of KRW 58,684,256, deducting construction cost of KRW 63,360,670 from construction cost of the non-construction portion, and damages for delay from December 25, 2012, following the completion date of construction.
B. The items of the additional construction that the Plaintiff asserted by the Defendants, and the aforementioned items.